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Texas District Court Finds State Preemption Law Unconstitutional


As Hire Image reported, in June of this year, the Governor of Texas signed the Texas Regulatory Consistency Act, bringing about significant changes to local governance in Texas by amending many statutory codes, including the Labor Code, and asserting Texas’s “sovereign regulatory powers” in various areas. By doing so, it would limit the authority of cities and counties to pass local ordinances that go beyond the scope of existing state laws, thereby eliminating the patchwork of laws employers have to navigate within the state. While the new law was supposed to take effect on September 1st, legal challenges have prevented it. And now, a Texas district court has at least temporarily blocked the law, holding that, in its entirety, it is unconstitutional on its face and as applied to the home rule provision of the constitution and local laws not otherwise preempted by the Texas Constitution. The state has appealed the decision, but no further filings have been made.

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We are continuing to closely monitor developments in this area. In the meantime, employers should stay informed about ongoing developments and seek legal counsel to ensure compliance with all applicable laws and regulations in Texas. Hire Image strives to be your trusted background screening resource and partner in 2023 and beyond. For more information on various state laws and whether they affect your state, visit our resource guide at the Hire Image Resource Library.  If you have any questions about how to best protect your business, employees, and customers, please reach out at

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